“Today, we will understand the complete stages of a civil suit, including practical situations like No WS, Ex-Parte Proceedings, and Cross-Examination.
Stage 1: Filing of Plaint
The plaintiff files a plaint before the competent civil court under Order 7 of the CPC.
Stage 2: Scrutiny and Institution
The court office checks the plaint, court fees, jurisdiction, and other procedural requirements.
Stage 3: Issue and Service of Summons
The court issues summons to the defendant under Order 5 of the CPC.
Stage 4: Appearance of Defendant
Now, the defendant may appear before the court or remain absent.
If the defendant does not appear despite proper service, the court may proceed ex parte under Order 9, Rule 6, subject to the applicable conditions.
If the defendant appears, the court proceeds with the next stages.
Stage 5: Written Statement
The defendant files a Written Statement under Order 8 of the CPC.
But what happens if the defendant does not file a Written Statement?
The court may consider the consequences under Order 8, Rule 10. However, a decree is not automatically passed in every case.
Stage 6: Replication and Admission or Denial
Where permitted or directed, the plaintiff may file a replication.
The court may also examine the parties and their admissions or denials.
Stage 7: Framing of Issues
The court frames issues under Order 14 of the CPC.
Issues are the questions of fact or law that need to be decided in the suit.
Stage 8: Plaintiff's Evidence
The plaintiff produces evidence to prove the case.
The witness gives examination-in-chief, usually by affidavit under Order 18, Rule 4.
After that, the opposite party gets an opportunity to cross-examine the witness.
If necessary, re-examination may follow.
Stage 9: Defendant's Evidence
After the plaintiff's evidence, the defendant may lead evidence, subject to the applicable procedure.
The defendant's witnesses also undergo examination-in-chief and cross-examination, where applicable.
Stage 10: Final Arguments
After the evidence is completed, both parties present their final arguments.
Stage 11: Judgment and Decree
The court delivers its judgment and prepares the decree as required.
Stage 12: Execution
If the decree is not complied with voluntarily, the successful party may seek execution under Order 21 of the CPC.
